DEVJIBHAI B CHUDASAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Notice was issued as early as on 18/02/1988 and in response we have heard the arguments of all these Counsels appearing for the respective parties and read the affidavits filed by the parties.

(2.) This Special Civil Application is to quash and set aside the notification issued by respondent No. 1 dated 16-1-1988 which is Annexure F to the Special Civil Application. The said notification was issued in pursuance of the resolution passed by the Area Development Authority Veraval-Patan Joint Municipality and the new Town Planning Committee. The modification inter alia states that Veraval-Patan Samyuktha Nagar Palika has prepared a draft revised development plan under the provisions of the Gujarat Town Planning and Urban Development Act 1976 and advertised the said revised development plan and called objections and suggestions on the proposed draft revised development plan by publishing the same in Part II of the Gujarat Government Gazette dated 12/09/1985 It further states that the Government of Gujarat had considered it necessary to make modifications in the said draft revised development plan of Veraval-Patan submitted by the Veraval-Patan Area Development Authority to the State Government for sanction under the provisions of the Gujarat Town Planning and Urban Development Act 1976 and that in exercise of the powers conferred by proviso to sub-clause (ii) of clause (e) of sub-sec. (1) of Sec. 17 of the Gujarat Town Planning and Urban Development Act 1976 Government of Gujarat had published the said modifications under Government notifications Urban Development and Urban Housing Department No. GH/V/124 of 1987/DVP-1986-71 (87) dated 16/05/1987 in the Gujarat Government Gazette Part IV-B dated 18/06/1987 calling upon any person to submit suggestions or objections if any with respect to the proposed modifications to the Secretary to the Government of Gujarat Urban Development and Urban Housing Department Sachivalaya Gandhinagar in writing within a period of two months from the date of publication of the said Government notification dated 16/05/1987 The notification further states that the Government of Gujarat has taken into consideration the suggestions and objections received by it in respect of the said modifications and in exercise of the powers conferred by clause (c) of sub-sec. (1) of Sec. 17 of the Gujarat Town Planning and Urban Development Act 1976 the Government of Gujarat had finalised the said modification and sanctioned the said revised development plan and the regulations thereto subject to the modifications so finalised and as set out in the schedule appended thereto. The notification further stated that the 20/02/1988 as the date on which the final revised development plan shall come into force. The said notification has appended the schedule as regards the sanctioned revised development plan. This notification is questioned on various grounds.

(3.) It is stated that revised development plan submitted by the Committee instead of the Municipality submitting such plan cannot be acted upon. It is further submitted that the revised development plan is not approved or sanctioned within the period specified under Sec. 9 and as such it cannot come into operation. Reading the Annexure A which is Resolution No. 83 of the Town Planning Committee it is submitted that the delegation of the power to the President of the Veraval-Patan Municipality to send the draft development plan is beyond the scope of the provisions of the Gujarat Town Planning Act and as such any development plan so sent cannot be acted upon. It is further submitted by the learned Counsel that the revised development plan was not submitted within the period prescribed and as such it cannot be acted upon. Mr. Ajmera learned Counsel appearing for the petitioners has further submitted that though revision for development plan has to be made once in 10 years from the date on which the final development plan comes into force to make a revision beyond 10 years period cannot be acted upon unless extension of time is taken from the Government. Mr. Ajmera also submitted that the Municipal Council has withdrawn the draft revised development plan by its Resolution dated 22-8-1986 which is Annexure G to the Special Civil Application and as such the revised development plan now in question cannot be acted upon. Finally the learned Counsel submitted that as per Rule 7 of the Gujarat Town Planning and Urban Development Rules 1979 the revised development plan has not been approved within the prescribed time and as such the same will not come into effect.